Scottish First Minister Nicola Sturgeon of Scotland national party said she was nearly ready to give more details on how the nation’s devolved parliament could move ahead with a new independence referendum without the consent of the British government. Present British Prime Minister liz truss and former prime minister Boris Johnson and ruling Conservative Party, which is in opposition in Scotland, strongly oppose a referendum, saying the issue was settled in 2014 when Scots voted against independence by 55% to 45%. But pro-independence parties won a majority in the Scottish parliament in an election held last year, which Sturgeon said gave Scotland people an “indisputable democratic mandate” to push ahead with plans for a second referendum. Sturgeon, leader of the pro-independence Scottish National Party (SNP), is aiming to hold a vote by the end of 2023 even though British Prime Minister has refused to issue a “Section 30″ order to allow one. If we are to uphold democracy here in Scotland, we must forge a way forward, if necessary without a Section 30 order… However, we must do so in a lawful manner,” Sturgeon recently said in a speech. She said work was underway on how to proceed, given the British government contests that the Scottish parliament has the power to grant such a vote.
Scotland an independent country before 1707 is similarly sized to several other European countries that are considered fairer and wealthier than Britain. Scotland under Westminster control is being held back,” leader of Scotland Sturgeon said. “With independence, we too would have the levers and the autonomy that these countries take for granted to help fulfil their potential.” The issue of Scottish independence remains at the centre of political debate in Scotland, eight years after Scotland first voted on this question. The Scottish electorate rejected independence by a margin of 55% to 45% in a referendum held on 18 September 2014. The independence question then rose back up the agenda as a result of the EU referendum in June 2016, at which 62% of Scottish voters backed Remain. In its manifesto for the 2016 Scottish parliament elections, which took place shortly before the EU referendum, the SNP (Scotland national party)had argued that “Scotland being taken out of the EU against our will” would justify a second vote on independence. This has remained a pillar of the SNP argument in favour of a referendum.
The SNP’s 2019 UK general election manifesto called for a second referendum to be held in 2020. After winning 48 of Scotland’s 59 seats, Nicola Sturgeon formally requested the power to hold such a referendum, but than British prime minister Boris Johnson refused, arguing that key pro-independence figures had said that the 2014 referendum was a “once in a generation opportunity”, so there was no case for a re-run. Scottish independence was again at the centre of debate in the 2021 Scottish parliament election campaign. The election delivered a third successive pro-independence majority. The SNP and Scottish Greens, which both campaigned on a manifesto commitment to a second referendum, won a combined 72 out of 129 seats. The Scottish government argues that this pro-independence majority provides a “cast-iron mandate” for a second referendum to now take place. On 28 June 2022, Nicola Sturgeon announced a plan to hold this referendum on 19 October 2023. The Scottish government also published a draft independence referendum bill, which it has referred to the Supreme Court to determine whether the bill can be passed without UK government agreement. The UK government has held to the position that “now is not the time” for a second referendum. Secretary of state for Scotland Alister Jack has previously suggested that a referendum should only be held if polls consistently found that 60% of Scots wanted this to happen.
The legislative powers of the Scottish parliament are set out in the Scotland Act 1998. This legislation specifies that the Scottish parliament cannot pass legislation that relates to various “reserved” matters including “the Union of the Kingdoms of Scotland and England”. Although this has not been tested in court until now, this provision is interpreted by many as meaning that the Scottish parliament could not hold a vote on independence without Westminster’s approval. In 2014, the power to hold the first referendum was transferred to the Scottish parliament after agreement on the terms of the vote was reached between the UK and Scottish governments. Following this agreement, the UK parliament passed a piece of legislation called a ‘section 30 order’ – which gave the Scottish parliament the power to legislate for the referendum. This “put beyond doubt” the legality of the vote. Importantly, however, the power to hold a referendum was devolved on a temporary basis: the order specified that the vote must take place before 31 December 2014, following which the power expired. The Supreme Court will now decide whether the Scottish parliament can hold a second referendum even without explicit Westminster authorisation.
The UK parliament could also, in principle, pass legislation to block any referendum from taking place, In a statement on 28 June 2022, Sturgeon presented the SNP’s plans for a second independence referendum to the Scottish parliament. She announced that she had written to the prime minister requesting a section 30 order. At the same time, recognising that the UK government was unlikely to agree, the Scottish government published a Scottish Independence Referendum Bill which set a date of 19 October 2023 for the vote to take place. Sturgeon also announced that she had asked the lord advocate, Scotland’s highest law officer, to refer the bill to the Supreme Court to determine whether it fell within devolved legislative competence. The Supreme Court will hear the arguments from the Scottish government and the UK government regarding this case on 11 and 12 October 2022.[8] The court may also decide that it cannot reach a decision on this issue since the Scottish Government’s bill has not been passed by the Scottish parliament. If the Supreme Court finds the referendum bill illegal, Sturgeon stated that the SNP would instead use the next UK general election as a “de facto referendum”.
The first minister indicated that Scotland could become independent if the party receives support from over 50% of the Scottish electorate. If a second referendum is held, the Referendums (Scotland) Act 2020 would set the rules for holding the poll. The Act broadly replicates the legal framework for referendums held by the UK government, as set out in the Political Parties, Elections and Referendums Act 2000. Other than the SNP, the only pro-independence party represented in the Scottish parliament is the Scottish Green Party. In 2021 Scottish election manifestos, the Scottish Conservative, Labour and Liberal Democrat parties all reiterated their opposition to a second independence referendum. A Yes vote in a referendum accepted as legitimate by both sides would be followed by negotiations between the UK and Scottish governments on the terms of separation, including on how to divide the assets and liabilities of the UK state and on the future relationship between the two new countries.
